Idaho Independent Auto Dealers Association (I.S.I.D.A.)

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• 2010 LEGISLATIVE UPDATE # 1

  02/02/2010

  This is the first of ongoing weekly updates of 2010 proposed Idaho legislation that may be of interest to Idaho dealers. Please call our office at 208 463 7709 or 800 950 8227 if you have any questions about these or any other pending legislation .
  
  HB387 by REVENUE AND TAXATION COMMITTEE
  
  SALES TAX - Amends existing law to delete language about taxes previously paid on amounts represented by accounts found to be worthless may be credited upon a subsequent payment of the sales and use tax; and to provide taxes previously paid on amounts represented by accounts found to be worthless may be credited upon a subsequent payment of the tax provided in this chapter or, if no such tax is due, refunded.
  
  02 02 2010 Bill tabled at request of sponsor
  
  02 02 2010 ISIADA met with the State Tax Commission, and advised them that ISIADA would OPPOSE this legislation due to the negative impact on dealers and financial agencies. STC will develop a working group to work on the issues involved in “bad debit sales tax credit” issues after the legislative session is over and ISIADA has offered to provide input on behalf of the independent auto dealers of Idaho.
  
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  H0398 by TRANSPORTATION AND DEFENSE COMMITTEE
  
  MOTOR VEHICLES - AIR CONDITIONING - Amends existing law relating to vehicle equipment to permit the use of certain refrigerants approved by the United States Environmental Protection Agency as an alternative motor vehicle air conditioning substitute for chlorofluorocarbon-12.
  
  01/21 House introduction
  
  01/22 Assigned to Transportation Committee
  
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  H0445 by JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE
  
  VEHICLE TITLES - Amends existing law relating to vehicle titles to revise requirements for reporting stolen vehicles.
  
  01/28 House introduction
  
  01/29 Assigned to Transportation Committee
  This proposal amends Idaho Code section 49 509, to bring the process required in Idaho Code for reporting and tracking stolen vehicles current to practices with today’s technology. Idaho Code section 49 509 currently prescribes a process for law enforcement officers to report stolen vehicle information to the Idaho State Police (ISP), and for the ISP to aggregate this information and report it back to all law enforcement agencies and the Idaho Transportation Department. The current process described is outdated, requiring publication of lists and reports. Current practice utilizes the technology of the ILETS/NCIC system available to and used by all law enforcement agencies for a number of purposes.
  
  
  
  S1259 by BILYEU
  
  MOTOR VEHICLES - RULES OF THE ROAD - Adds to and amends existing law relating to motor vehicle rules of the road to define a term; and to provide an infraction for use of a wireless communication device in a school zone.
  
  01/20 Senate introduction
  
  01/21 Assigned to Transportation Committee
  The purpose of this proposal is to amend Idaho Code §49 124to add a definition for "wireless communication device" and add a new section to the Idaho Code to be identified as §49 658A. This new section would prohibit the use of a wireless communication device while operating a motor vehicle within a posted school zone while children are present in Idaho. Exemptions include emergencies, those carrying out their official duties as law enforcement officers and emergency responders, stopped motor vehicles and when reporting a safety hazard or criminal activity. The fine for violation of this section would be a minimum of $75.00 for the first offense and a minimum of $150.00 for each succeeding offense.
  
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  S1264 by BOCK
  
  MOTOR VEHICLES - CELL PHONE USE - Amends and adds to existing law relating to motor vehicles and cellular telephones to prohibit the use of cellular telephones while operating a motor vehicle, to provide exceptions and to provide a penalty.
  
  01/21 Senate introduction
  
  01/22 Assigned to Transportation Committee
  The purpose of this legislation is to amend Idaho Code 49104 to add a definition for "cellular telephone" and add a new section to the Idaho Code to be identified as 491431. Subject to exemptions for emergencies and for those carrying out their official duties as law enforcement officers and emergency responders, this new section would prohibit the use of a cellular telephone while operating a motor vehicle in Idaho. This section does not apply to someone using a "hands free" device. The fine for violation of this section would be $75.00.
  
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  S1271 by MCGEE
  
  EMPLOYMENT - Adds to existing law relating to employment to provide provisions prohibiting the use of certain false documentation to gain employment, to provide penalties, to prohibit the destruction, alteration, falsification or theft of certain public documents to assist a person to become an employee and to prohibit the manufacture of false identification to assist a person to become an employee.
  
  01/22 Senate introduction
  
  01/25 Assigned to Judiciary and Rules Committee
  
  01/28 Passed committee without a recommendation
  
  Referred to State Affairs Committee
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  S1297 by TRANSPORTATION COMMITTEE
  
  TRANSPORTATION - VEHICLE TITLES - Amends existing law relating to vehicle and vessel titles to revise provisions relating to the delivery of certificate of title upon sale or disposition and to revise provisions relating to certain dealer's reassignment of existing certificate of title.
  
  01/27 Senate introduction
  
  01/28 Assigned to Transportation Committee
  
  02/02 Passed Transportation Committee , sent to floor for full Senate vote with do pass recommendation.
  
  This proposal will modify Idaho Code, to accommodate both an application for duplicate title and transfer to a new owner in a single transaction, for vehicles that either are at least 10 years old, are over 16,000 pounds GVW, or have no odometer device, and for all vessels. This proposal improves customer convenience by eliminating a delay for buyers in obtaining title, regular registration, and plates, and also facilitates private party sales for these vehicles and vessels in situations where the seller has lost the title.
  
  Currently, an owner who has lost his title and is selling a vehicle or vessel is required to obtain a duplicate (replacement) title, and then wait for issuance and delivery by mail before assigning it to the buyer, The proposal modifies Idaho Code to allow an owner to apply for a duplicate title and transfer ownership to the buyer in one transaction for any vehicle or vessel exempt from the federal odometer disclosure requirements. Dealers will also be able to assign this duplicate transfer application to a Idaho consumer or dealer without applying for a title from the person who was registered as the owner and lost the original title.
  
  The duplicate/transfer title transaction would eliminate a one to two week delay and reduce customer trips to county offices resulting in reduced wait times. The fees for this transaction would be as provided ($28.00)currently resulting in no lost revenue to ITD.
  
  This proposal was reviewed by the ISIADA lobbyist and determined to have little if any effect on dealers. ISIADA will remind dealers to verify all information on the duplicate title application with ITD prior to accepting from a consumer or another dealer. It is anticipated that Idaho wholesale auctions and wholesale dealers will insist on actual titles so that they can be transferred out of Idaho to other states DMV’s. More information will be forthcoming, if and when this proposal becomes law.